Matthew Hickey (led by the Solicitor-General and Horton QC) successfully resisted an appeal against a decision in an application for a statutory order of review of a decision of the Minister for Natural Resources and Mines.
The appellants had sought exploration permits under the Mineral Resources Act 1989, which had been refused because the decision-maker delegate determined that, as a matter of geology, it was impossible that oil shale (the mineral for which the appellants sought permission to explore) could exist in the location for which the permit had been sought.
Justice Philippides (with whom Henry J agreed) held that it was a relevant consideration for the decision maker to inquire as to the likely existence of what the appellants said they wished to explore for, or to seek satisfaction as to the mineral actually being targeted.
The judgment can be read by clicking here